Immigration law /

Temporary residence permits for Ukrainian citizens – beneficiaries of the Special Act

On January 28, 2023, another amendment to the Act on aid to Ukrainian citizens in connection with the armed conflict on the territory of this country (Special Act) entered into force. It introduces a number of significant changes in the field of e.g. legalization of the stay of Ukrainian citizens on the territory of Poland.

A change of approach

Pursuant to the new regulations, the previously planned possibility for the beneficiaries of the Special Act to apply for a special type of temporary residence permit after 9 months from the date of entry into the territory of Poland in connection with military operations conducted in the territory of Ukraine has been repealed. The justification for this decision by the legislator was the inability to efficiently carry out the task of conducting such a large number of proceedings on granting a temporary residence permit by voivodes, and at the same time granting the application the status of a residence document, allowing people covered by temporary protection to cross the border, travel and stay in the Schengen area countries.

Residence permits for beneficiaries of the Special Act – who can benefit?

At the same time, the legislator decided on a different solution: an application for a temporary residence permit for a period of up to 3 years may be submitted by persons covered by temporary protection in Poland, provided that the purpose of their stay will be:

  • work,
  • work in a profession requiring high qualifications, or
  • running a business.

It follows from the above that it will still not be possible to submit residence applications in order to obtain a temporary residence permit for underage children, students, non-working pensioners, i.e. one the most numerous categories among the beneficiaries of the Special Act, and at the same time those most in need of assistance in the current situation. However, these persons will still be covered by temporary protection and may stay legally in Poland at least until August 24, 2023, i.e. until the expiry of the period of temporary protection under the Special Act, unless this period is extended later.

Applications for a temporary residence permit in one of the above-mentioned goals can be submitted from April 1, 2023. Applications submitted before that date or for purposes other than those indicated above will not be considered.

Facilitations in granting residence permits

Several significant facilitations have been provided for the “working” beneficiaries of the Special Act:

  1. No obligation for employers to obtain the certificate of so-called Labor Market Test,
  2. No obligation to submit fingerprints at the Voivode Office.

Entrepreneurs, on the other hand, will not have to demonstrate that their business activity has achieved a certain level of income or employ Polish citizens to obtain a residence permit.

Our lawyers specializing in Polish immigration law will help to complete all formalities related to the employment of foreign workers and the legalization of stay or work in Poland.

Please contact us: [email protected]

Author team leader DKP Legal
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